WHAT? WHO? WHEN? WHERE? HOW?

1|Page
 Writ of Habeas Corpus
(Rule 102)
“You have the body” (Latin)
Except as otherwise expressly
provided by law, the writ
of habeas corpus shall extend
to all cases of illegal
confinement or detention by
which any person is deprived of
his liberty, or by which the
rightful custody of any person is
withheld from the person
entitled thereto.
Note: Actual physical restraint is
not required; any restraint which
will prejudice freedom of action is
sufficient (Moncupa v. Enrile, G.R. No.
63345, January 30, 1986).
2|Page
Writ of Habeas Data
(AM No. 8-1-16-SC)
“You have the data” (Latin)
The writ of habeas data is a remedy
available to any person whose
right to privacy in life, liberty or
security is:
o violated or threatened
o by an unlawful act or omission
o of a public official or employee,
or of a private individual or
entity:
 engaged in the gathering,
collecting or storing of
data or information
regarding the person, family,
home and correspondence of
the aggrieved party.
Writ of Amparo
(AM No. 07-9-12-SC)
“To protect” (Spanish)
The petition for a writ of
amparo is a remedy available
to any person whose right to
life, liberty and security is
violated or threatened with
violation by an unlawful act or
omission of a public official or
employee, or of a private
individual or entity.
 Habeas Corpus
(Rule 102)
Application for the writ shall
be by petition signed and
verified either:
o by the party for whose
relief it is intended, or
o by some person on his
behalf
3|Page
Writ of Habeas Data
(AM No. 8-1-16-SC)
o Any aggrieved party may file o The petition may be filed by the
a petition.
o However, in cases of o by any qualified person or entity in
extralegal killings and
enforced disappearance, the
petition may be filed by:
 Any member of the
immediate family of the
aggrieved party, namely:
The spouse, children and
parents; or
 Any ascendant,
descendant or collateral
relative of the aggrieved
party within the fourth civil
degree of consanguinity or
affinity, in default of those
mentioned in the
preceding paragraph
Writ of Amparo
(AM No. 07-9-12-SC)
aggrieved party or
the following order:
a. Any member of the immediate
family, namely: the spouse,
children and parents of the
aggrieved party;
b. Any ascendant, descendant or
collateral relative of the
aggrieved party within the fourth
civil degree of consanguinity or
affinity, in default of those
mentioned in the preceding
paragraph; or
c. Any concerned citizen,
organization, association or
institution, if there is no known
member of the immediate family
or relative of the aggrieved party.
 Habeas Corpus Writ of Habeas Data
(Rule 102) (AM No. 8-1-16-SC)
A petition for a Writ of Habeas The writ of habeas data is a
Corpus may be filed on any remedy available to any person
day and at any time. whose right to privacy in life,
liberty or security is:
1. Cases of illegal confinement o violated or threatened
or detention by which a person o by an unlawful act or omission
is deprived of his liberty; and o of a public official or employee,
or of a private individual or
2. Cases by which the rightful entity:
custody of the person is  engaged in the gathering,
withheld from the person collecting or storing of
entitled thereto. data or information
regarding the person,
family, home and
correspondence of the
aggrieved party.
4|Page
Writ of Amparo
(AM No. 07-9-12-SC)
A Writ of Amparo is filed at any day and at
any time when person whose right to life,
liberty and security is violated or
threatened with violation by an unlawful
act or omission of a public official or
employee, or of a private individual or
entity.
The writ shall cover extralegal killings
(killings committed without due process of law)
and enforced disappearances or threats
thereof.
"Enforced or involuntary disappearance of
persons" means the arrest, detention, or
abduction of persons by, or with the
authorization, support or acquiescence of
a State or a political organization followed
by a refusal to acknowledge that
deprivation of freedom or to give
information on the fate or whereabouts of
those persons, with the intention of
removing from the protection of the law for
a prolonged period of time.
 Habeas Corpus Writ of Habeas Data Writ of Amparo
(Rule 102) (AM No. 8-1-16-SC) (AM No. 07-9-12-SC)

VENUE JURISDICTION VENUE JURISDICTION

VENUE JURISDICTION

Petitioner’s  RTC Where the  RTC

Where  SC (enforceable residence or
detainee is anywhere in the threat or
detained (if where the place act/commission
Philippines) the information
filed in RTC) or any of its
is elements
 Sandiganbayan (only
gathered/collect occurred
in aid of its appellate
ed/stored, at
jurisdiction)
the petitioner’s
option  Sandiganbayan,
 CA (in instances  SC,  CA,
authorized by law,  CA,  SC,
enforceable anywhere  Sandiganbay
in the Philippines) an - If the
action
 RTC (enforceable concerns
only within its judicial public data
district) files of
government
 Family Court (on offices
custody of minors,
enforceable within its Note: The writ of amparo shall be
territorial jurisdiction. Note: The writ of habeas data shall be enforceable anywhere in the Philippines.
enforceable anywhere in the Philippines.

5|Page
 Habeas Corpus
(Rule 102)
Application for the writ shall be by
petition signed and verified either by
the party for whose relief it is intended,
or by some person on his behalf, and
shall set forth:
1) That the person in whose
behalf the application is
made is imprisoned or
restrained of his liberty;
2) The officer or name of the
person by whom he is so
imprisoned or restrained;
3) The place where he is so
imprisoned or restrained, if
known;
4) Copy of the commitment or
cause of detention of such
person. If it can be procured
without any Legal authority,
such fact shall appear.
6|Page
Writ of Habeas Data
(AM No. 8-1-16-SC)
A verified written petition for a writ of
habeas data should contain:
1) The personal circumstances of the
petitioner and the respondent;
2) The manner the right to privacy is
violated or threatened and how it
affects the right to life, liberty or
security of the aggrieved party;
3) The actions and recourses taken
by the petitioner to secure the data
or information;
4) The location of the files, registers
or databases, the government
office, and the person in charge, in
possession or in control of the
data or information, if known;
5) The reliefs prayed for, which may
include the updating, rectification,
suppression or destruction of the
database or information or files
kept by the respondent. In case of
threats, the relief may include a
prayer for an order enjoining the
act complained of; and
6) Such other relevant reliefs as are
just and equitable.
Writ of Amparo
(AM No. 07-9-12-SC)
The petition shall be signed and verified and shall allege
the following:
1) The personal circumstances of the petitioner;
2) The name and personal circumstances of the
respondent responsible for the threat, act or
omission, or, if the name is unknown or
uncertain, the respondent may be described by
an assumed appellation;
3) The right to life, liberty and security of the
aggrieved party violated or threatened with
violation by an unlawful act or omission of the
respondent, and how such threat or violation is
committed with the attendant circumstances
detailed in supporting affidavits;
4) The investigation conducted, if any, specifying
the names, personal circumstances, and
addresses of the investigating authority or
individuals, as well as the manner and conduct
of the investigation, together with any report;
5) The actions and recourses taken by the
petitioner to determine the fate or whereabouts
of the aggrieved party and the identity of the
person responsible for the threat, act or
omission; and
6) The relief prayed for.
The petition may include a general prayer for other just
and equitable reliefs.
7|Page